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PRESTIGE STRIPING SERVICES, INC. 3 (2)
City of Santa Ana Clerk Of the Council AGREEMENT TERMINA TION FORM Please complete this form when the a amendments (if any) are no longer in Return form to the Clerk of the Counc The agreement with Qrt\QQ SP No. N - c?DO, -?22 was (List all amendments. Use space be Revised 04-12-10 COTC Office Use Only 7010 SEP 2 7 FW 2 3 7 ttached agreement and all effect. CJTY OF - i'7-A ANA it Office (M-30). CLe . RK OF -,()UNCiL nnnn (?j?r ?1W v? v??S1 u\L completed on 6/1? and final payment has been made. low if needed.) Department: Phone/Ext.: Signature: 'QkJ, c?rxxx.? OaQv_ Date: q 12--2-110 1c7 INSURANCE ON FILE yyORKMAY PROCEED UNTII.INSURANCEEXPlRES 3~o~a -08 CLERKOFCOUNCIL DATE: ~ 0 - 2~4 - 0"1 p : C,pA (2~ , CONSULTANT AGREEMENT N-2007-122 THIS AGREEMENT, made and entered into this 25`h day of September, 2007 by and between Prestige Striping Services, Inc., a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of street and parking lot painting and installation of wheel stops. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform street painting and parking stall painting as set forth in Exhibit A to this Agreement. Said services shall be provided on an as-needed basis. On the request of City, Consultant shall provide a formal written proposal for the project, including compensation and timeline. Upon the written approval of the Deputy City Manager for Development Services, Consultant shall commence services for the project. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in each accepted proposal. The total sum to be expended under this Agreement shall not exceed $25,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on expenditure of allocated funds, unless terminated earlier in accordance with Section 12, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create anemployer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief azising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Community Development City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6549 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Prestige Striping Services, Inc. 1054 Railroad Street Corona, California 92882 Telefacsimile (951) 270-2899 A party may change its address by giving notice in writing to the other party. Thereafter, communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or azise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS Contractor shall carry out all services pursuant to this Agreement in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the City, including all applicable federal, state, and local occupation, safety and health laws, rules, regulations and standards, applicable state and Federal labor standards, prevailing wage requirements, the City zoning and development standazds, City permits and approvals, building, plumbing, mechanical and electrical codes, as they may apply, and all other provisions of the City and its Municipal Code (as they may apply), and all applicable disabled and handicapped access requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.C. § 12101 et seq., Government Code § 4450 et seq., and the Unruh Civil Rights Act, Civil Code § 51 et seq. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: ~/~l .~~/ PATRICIA E. HEALY Clerk of the Council CITY OF SANTA ANA DAVID N. REA City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney '~l/~ By: L~Li ~ Dt:,FG~ La, a Sheedy Assistant City Attorney FOR APPROVAL: 0 R.(~ STEPHEN . HARDING ~U Deputy City Manager for Development Services CONSULTANT SABAS TRUJILLO President 'j /~ F Tax ID# h~~ O ~~ 1 ~ Uv CITY DF SANTA ANA PRICE LIST Single Lines Stalls Restripe Per Line $2.75 New Layout Per Line $3.75 12" Single Li1ie Per I,.F. $0.65 4" Single Line Per L.F. $0.35 T/L Stall Resriipe (Pcr Stall) $3.50 H. andicap Stencil Standard Deluxe (C:rosshach & Curb ) Crosshatch (8'x 18' ) Crosshatch (Per S.F. ) Stencils Arrows 4" Stencil (Per word ) 6" Stencil (Per word ) 8" Stencil (Per word ) 1'Stcncil (Per word ) 2'Stencil (Per word ) 8' Stencil (Per Leiter ) 1' Numbcr/Letter (re< rn~;e) 4' Stop & Bar 8' Stop R: Bar Double Lines Stalls Restripe Per Double Line $3.75 New Layout Per Double Line $4.75 Round Ends Stall Per Double Lrne $6.50 4" Double Line Per L.F. $0.60 T / L Stall Restripe New T.ayout $4.50 Concrete Wheel. Stops $30 New 4' Wheel Stnp Furnish & Install $30 $45 New G' Whcel Stop furnish & Instal) $45 $20 Remove & Dispose 4 or 6 f3. $17 $0.25 Painting Solid ~}/6 R'lreel Stops $12 Miscellaneous $l0 Painting Speed Bump (Per S.F.) $1.00 $7 Curb Painting (Per L.F.) $0-85 $12 Heavy Cttrb Prep (Per L.P.) $0.30 $1.2 Meter Post Furnish ~ Install $450 $17 Handicap & Sign Post $J 60 $22 Sandblastting Minimum $1200 $12 Striping Minimum $270 $1.25 Pressure washing (Up to 2hr) $475 $25 Core Drill (4" For Post) $50 $45 Notes 2nd Coat Of .Paint (fjdd 70% 3'o Total ) Glass Beads (Add 30% To Total ) EXHIBIT A r.,. ,.,r EXHI$IT B DITI AL IN U D ND SEME FO ME CIAI, GENEIL4I, LIABI>; ITY_ p~TCY Insnrance Company~_ AMERICAN STATES INSUANCE COMPANY This endorsement modifies such insurance as is afforded by the provisions of Policy # Ol CG 768379-3 relating to the following: 1. The City of Santa An.a, 20 Civic Center Plaza, Santa Aaa, California 92701; its officers, employees, agents, volunteers and represemtati~res are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2• With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by tlris policy is primary and is not additional to or contributing with aoy other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organisation as an insured shall not affect any right which such person ar organizztion would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. {Completion of the following, including countersignature, is required to make this endorsement effective.} Pffectiv#e 10/01/07 _ ,this endorsement form as a part of y 1 Issued to PRESTIGE STRIPING SER , C. Named DFI/Ee'SMILY INSURANCE SERVICES ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YVVY) 03/22/2007 PFODUCER (g09) 735-5335 FAX (gpg) 735- 3758 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION DFI Preferred Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR 2027 Hamner Avenue , ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Norco, CA 92860-2604 INSURERS AFFORDING COVERAGE NAIC # INSURED PRESTIGE STRIPING SERVICES INC. INSURER A: AMERICAN STATE INSURANCE COMPANY 353 N. CYPRESS ST. INSUaERe: MERCURY CASUALTY INSURANCE COMPA Y ORANGE, CA 92866 INSURERC CALIFORNIA INSURANCE COMPANY INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 70 ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. N R LTR OD NSR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE MMIDDlrv LIMBS GENERAL LIABILITY Ol CG 768379-3 03/22/2007 03/22/2008 EACH OCCURRENCE $ 1,000,00 X COMMERCIAL GENERAL LIABILITY PREMISES Ea xcvrence S 200,00 CLAIMS MADE aOCCUR MED E%P (Any one person ) S 10,00 A PERSONA! &P.DV:NJURY $ 1 OOO GG , , GENERAL AGGREGATE $ 2 000 00 GEN'L AGGREGATE LIMIT APPLIES PER: PRO' PRODUCTS-COMP/OP AGG , , $ 2 , 000 , 00 Poucv JECT LOC AU TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANV AUTO (Ea accidenp 1.000,00 ALL OWNED AUTOS BODILY INJURY S X scHEDULED AUros AC11071675 04/29/2007 04/29/2008 (Perpersan) B X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accidenl) PROPERTY DAMAGE F $ ( erattldenV GARAGE LIABILITY AVTO ONLY-EA ACCIDENT E ANY AUTO OTHER THAN EA ACC 8 AUTO ONLY: AGG $ E%CE55/UMBRELLA LIABILITY ~ EACH OCCURRENCE $ OCCUR ^ CLAIMS MADE ~ AGGREGATE E 8 DEDUCTIBLE $ RETENTION S $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TORY LIMITS ER ANV PROPRIETOR/PA4TNER'EXECUT:VE E 46-006122-O1-OZ 06/01/2006 06/01/2007 eL. EACH ACCIDENT s 1,000,00 OFFICER/M MBER E%CLUDEO? If yes tlescribe under E.L. DISEASE - EA EMPLOYE S ], OOO ~ OO r . SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1 , OOO, OO OTHER DESC RIPTION OF OPERATIONS /LOCATIONS /VEHIC LES / E%CLUSIONS ADDED BY ENDORSE MENT /SPECIAL PROV ISIONS 10 DAYS NOTICE WILL BE SENT FOR NON PAYMENT OF PREMIUM. CERTIFICATE HOLDER IS NAMED AS ADDITIONALINSURED. 706: VARIOUS ]118. LOCATIONS -y„ ~~~M L..... _..o ~ , CERTIFICATE HOLDER _ -- _" CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ' E%PIRATIDN DATE THEREOF, THEi$SUING INSURER WILL xi~(~ MAIL CITY OF SANTA ANA -3-0_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ATTN: ROCK GARCIA KXx~9NP~Fh~XMxi'0(9f94kx9AffX~9(RR4lICAP)AM4)OFXD&XRXXXX 20 CIVIC CENTER PLAZA 9(9C9Q7S?(~7PX1fDP9(XyAI XIX)QR)49( RRSQ~F~M(M~7€XXXXXXXXXXX SANTA ANA, CA 92701 AUTHORIZED REPRESENTA E ACORD 25 (2001/08) COPY ©ACORD CORPORATION 1988 •. PRESTIGE STRIPING SERVICES, INC.' O1 CG 768379-3 • , 1 Itl$LII'a11C8 COMM~~#J~IAL GENERAL LIABILITY CG 78 35 09 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ CAREFULLY.. LIABILITY PLUS ENOOftSEMEN7 This endorsement modif(es instuance prov(ded under the following: COMMERCIAL GENERAL LIABILITY COVERAt3E PART SCHEDULE Name 6f Persoii'or Organization: CITY OF SANTA ANA ADDITIONAL INSURED - BY WRITTEN CONTRACT, AGREEMENT OR PERMIT, OR. SCHEDULE The following paragraph is added to WHO IS AN INSURED (Secdon II): • 4. Any person or organization shown In the Sched- ule or for whom you are required by written con' Uact, agreement or permit to provide (nstuance Is an tnsured, subJa~f to the following additional provtsions: a, 'The contract, agreement or.permit must be fn effect during the policy period shown In the Declarations, and must have been exe- cuted prior to the •tSodily injury,' 'property damage,' 'personal and advertising iryury.• b. Tlw person or oryanlutton added as an In• sated by this endorsement fs an insured oNy to the extent you are held liable due to: (1) The owrtersf><p, maintenance or use of that part of premises you own, rent, lease or occupy, subject tb the following additional provisions: (a) This Insurance does not apply to any °occurrence• which takes place after you cease to be a tenant in any premises leased to or rented to .you; (b) Thin Insurance does not apply to any structural alterations, new con- . structlon or demoUtlon operations performed by or on behalf of the person or organization added as an insured; (2) Your ongoing operations for that rn• sated, whether the work Js performed by you or for you; InGudes~C~~' ~~5 yrlghtet~-M aerial o~lnsttrance Services Office, Inc., with its permission. ~6~Flpht, Insurance Services, 2001 CO 79 Js OC Os Y,r,u «s,~.. r.r». r.a......ow.... a.w.,.....r s.r... c..~..u«, Pye t of 4 EP .I I. ~3) • you of equipment ~I~a~ d td you by such person or orgadzation, subject to the following additional provisions: (a) TNs Insurance does not apply to any rocctarance' which takesplace aner the equipment tease expkes; (b) This Institance• does not apply to 'bodily injury' or "property dam' age" arising out of the sole negli• Bence of such person or organization;' (~ Permits issued by any state or poUUcal subdivision with respect to operations performed by you or on your behaU, subjocE to the following additional pro- vision: This insurance does, not,apply to 'bodly InJtiry;' "property' dymape,• "personal and advertising injury arising, out of op- erations performed for the state or munlctpality, e. The insurance with respect to any azchitect, engineer, or surveyor added as an instved by this 'endorsement does not apply to "bodr7y injury,' •properry damage,' 'per- sonal and advertising Injury' arising out of the rendering of or the failtue to render any professional' services by or for you, includ- ing: (t) The preparing, approving, or falling to • prepare or approve maps, drawings, opinions, reports, surveys, change or- ders, designs or specUications; and (2) Supervisory, Inspection or engineering services. d. This insuuance does not apply to• •bodly Injury' or 'property damage' included within the 'products-completed operations haz- • ard,• A person's or organization's status as an insured fur der this endorsement ends when your operations for that Ensured are completed. No coverage wW ba provided U, In tfw absence of tNs endorsement, rto Uability woWd be imposed•by law on you. Coverage shall be limited to the extent or yyour negligence or fault according to the appffcable grind' pies o- comparative fault. NON-OWNED WATERCRAFT AND NqN-OWNED AIRCRAFT LIA8IUTY Exclusion g, of COVERAGE A (Section i) is replaced by the following: `~/~ ~~~ ~/_.. ,.., .iy .,1•g. "Bgtitl .injury" or •property:d~(lage~ artsln6 ~..~ outr.~ ~~~"bwnershlp, maintenance, Use.ol ertt~}i,'' ' 'apt, to others of any aircrak, "auto' ~K; `: or'wa~ercYBft owned or operated by or rented ;~, .: • o~~(r3~grictd to any insured. Use Includes oper- jtt.• attatkfand Woa ng or uNoading,• 1. ~..., . ~, Ttils 'exclusion applies even if the claims against any insured allege negligence or ottieF Wrongdoing in the supeMsion, hiring, employment, training or mor>>toring of others by that insttred, if the •occartence" which caused the •boddy Injury" or 'property damage' Involved the ownership, mainte- nance, use or entrustment to others of any aircraft, 'auto' or watercraft that is owned or operated by or rented or loaned to any in- swed. This exclusion does not apply to; (1) A wdtercra/t tYNie ashore on premises you own or rent; (2) A watercraft.you do not own that is: • (a) Less than 52 foot long; and (b) Not being used to carry persons or property for a charge; (3) Parking an `auto" on, or on the ways next to, premises you own~or rent, pro' vided the 'auto' Is not owned by or rented or loaned to you or the insured; {4) UabtUty assumed under any "Insured contract' for the ownership, mainte- nance or use of aircraft or watercraft; or (~ 'Bodily Injury' 'or 'property damage" arising out of the operation of any of the egWpment Usted in paragraph f.(2) or f.(3) of the deknttfon of "mobile equip- ment,' (6) An•elrcraft you do riot own provided It (s trot operated by any instxed. TENANTS' PROPERTY DAMAQE LIABILITY When a Damage to Premises Rented to you Umit is shown in the Declarations, °Exduslon J, of Coverage A, Section I is tepiaced by the following: j. Damage To Property "Property damage' tb: (1) Property you own, rent, or occupy, Including any costs or expenses incurred by you, or any. other pperson, orgaNzation or entity, for repair, replacomcnt, onhancement, restora- tion or maintenance of such property for any reason, including prevention of Injury to a person or damage to anofher's property; v+o+s ors (2} Premises you sell, g(ve away or abandon, if the 'property damage' arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the. care, custody or control of the insured (5} That particular part of real property on which you or any contractors or subcontractors working duectiy or indirectly on yotu behalf are performing operations, U the 'property damage' arises out of those operations, or ((i) That particular part of any property that must be restored, repaired or replaced because 'your work" was incorrectly performed on it. Paragraphs (1), (a) and (4) of this exclusion do not apply to 'property damage' (other than damage by fire) to premises, indudirig the con- tents of suchpremises, rented to you. A separate limit of'Insurance applies to Damage To Prem- ises Ranted To You as described In Section III - Umits Of Insurance. paragraph (t) does not, apply to executive oftlcers, or to managers at tfle strpdrvisory level or above, SUA~ 1~-EM~NT4RY f? 'YMENTS - COVERAGES A pNg . jUL BON3q' F .. i ' . paragraph 1.b. of SUI?i31,EMENTARYPAYMENTS - COVERAGES A AND B •is replaced by the following: b. Up to 32,000 for cost of ball bonds required be• cause of acddents or trafitc few violations aristng out of the use of any vehicle td which the Bodily tn)ury Uabalty Coverage applies. We do rwt have to furNsh these bonds, EMPLOYEES AS INSUREDS -HEALTH CARE SERVICES P.rovislon 2.a.(1~ d. of WHO.IS AN INSURED (Section II) (s delataii, unless excluded by separate endorse- meht. EXTENbED COVERAGE FOR NEWLY ACOUlRED ORGANIZATIONS Paragraph (2) of this exclusion does not apply if the premises are `your work" and were never Provision 4.a, of WHO 13 AN INSURED (Section II) is occupied, rented or held for rental by you. replaced by the following: Paragraphs (3), (4), (5y and (6) of tNs exclusion a. Coverage ;under this provision Is afforded do not apply to (lability assumed under a side' only until the end of the policy pertod. track agreement. EXTENDED '+PROPERTY DAMAGE" Paragraph (e) of this exclusion does not apply to "property damage' Included In the 'products- ExGuston a. of COVERAGE A• (Section I) is amended completed operations hazard.' to read: Pazagraph 6. of Section III is replaced by the fotlow- •ing: , 6. Subject to 6. above; the Damage To Property Umit is the most we,wiil pay under Coverage A for damages because of `property damage' to any one premises, while rented to you, or in the case of damage by fire, wh11e rented to you or temponutiy occupied by you with permissbn of tfie owner, The Tenants' Property Damage to Premises RaNed to You limit is the Ngher of 5200,000 or the amouN shown In the Degiarations as Damage to Premiseg Ranted to You Umit. WHO IS AN INSURED - MANAGEAS a. •Boddy injury' or `property damage' expected or Intended from the standpoint of the Insured. This exclusion does nol apply to "bodily injury" or "property da'mage' resulting from the use of reasonable force to protect persons or property. INCREASED MEDICAL EXPENSE LIMIT The medical expense limit Is amended to 510,000. KNOWLEDGE OF OCCURRENCE The following !s added to Paragraph 2. Dales In The Event Of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): The following Is added to Paragraph 2a. of WHO IS Knowledge of an 'occurrence,' claim or 'salt' by AN INSURED (Section II); your agent, servant or employee shall not in itself constitute knowledge of the named insured uNess an officer of the named insured has received such notice from the agent, servant or employee. CO 78 JS OD OS ~~---(--~~ Pap' 7 of • ~•' ff~~ .. .. .d,iy ... ......~._.. .... .... .. -. ~: -a[UF-179 UNINTENTIONAL FAILURE TO DISCLOSE ALL HAZARDS The following Is added to Paragraph B. Repres~nta- tions of COMMERCIAL l3ENERAL t-WBILJTY CDNDI- TiCNS (Section tV): If you unlntenUonaUy fail to disclose any hazards ex• isUng at the Inception date of your poUcy, we will not deny coverage under this Coverage Form because of such faUure, However, this provision does rat affect our right to coAect additional premium or exerdse our right of GancellaUon or non-renewal. Paq a of s LIBERALIZATION CLAUSE The~ogovytng paragra~t~'"~ts added io COMMERCIAL CE RAL I;lAB1UTY DITION3 (Section IV): 10, (t•a revision to thig.~overage Part, which would (provide more coverage with no addUonal pre- mflun, becomes effeGUve during the policy period in the state shown(n'the DedaraUons, your pol- icy will sutomaUcally.provide this ad~Uonal cov stage on the effective; date of the revision, ___--- La G~ .-.: ~,ttor:~eY Assist ',- ~- DATE (MAVDDlYYVY) ,4CORD,M CERTIFICATE OF LIABILITY l6~SURANCE 06/21,2U07 THIS CERTIFICATE IS ISSUED AS A. MATTER OF INFORMATION ONLY AND PRODUCER CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS AU Insurance Services CERTIFICATE DOES NTT AMEND, EXTEND OR ALTER THE COVERAGE P O BC x 3 6 4 6 AFFORDED BY THE POLICIES BELOVJ. Omaha, NE 66103-0616 (& 7 7) 2 3 6- x 6 2 0 INSURERS AFFORDING COVERAGE NAIC N_ - California Insurance Co. 2 3 7 3 1 0 ----- -- INSURER A: INSURED Prestige Striping Services, Inc. INSURER 6' _ ._ dba Prestige Striping SeiviCea INSURER C. 1051 Railroad St _ INSURER D'. Corona, CA 92662-1917 --- CTL 1273 377898 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, IFICATE MAY BE ISSUED OR MAY PERTAIN , CERT AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. F SUCH POLICIES __ . EXCLUSIONS AND CONDITIONS O POLICY EFFECTVE POLICY EXPIRATION NSR LTR DD' NSR TYPE OF INSURANCE POLICV NUMBER GATE MMlDD DATE MM/DD/YY LIMIT S ABILITY EACH OCCURRENCE $ GEN ERAL LI DAMAGE TO RENTED ( ERCIAL GENERAL LIABILITY PREMISES Ea cecurrence $ _ COMM IMS MADE ^ OCCUR MED EXP (Any one person) $ CLA PERSONAL & ADV INJURV $ ___ GENERAL AGGREGATE ~5 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP,IIP AGG ~ $ PRO- - POLICY JECT LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accitlent) $ ANY AUTO -- ALLOWNED AUTOS BODILV INJURY $ (Per person) ~ SCHEDULED AUTOS ~ ~ --- HIRED AUTOS - - BODILY RJJURY (Per accitlent) - $ NON-OWNED AUTOS ~ l ,. -- - '- O I PROPERTY DAP4AGE $ -_ (Per accidenp AUTO ONLY - EA ACCIDENT $ GAR AGE LIABILITY AUTO ER THAN EA ACC T $ _ _ - ANY H O AUTO ONLY. AGG $ EACH OCCURRENCE $ _ EXCESS/UMBRELLA LIABILITY E AGGREGATE $ _. OGGUR CLAIMS MAD _ $ E __ $ DEDUCTIBL RETENTION $ X WC STATU- OTH~ S WORKEflS COMPENSATION AND TORY OMITS ER EMPLOVERS'LIABILITY E ' /6-006122-03-07 06/01/07 06/01/08 E.L. EACH ACCIDENT 1,000,000 $ _ PARTNER/EXECUTIV ANY PROPRIETOR ' ' 1 , 0 0 D , 0 0 0 OFFICEP/MEMBER EXCLUDED? E c E.L. DISEASE - EA EMPLOI $ describe under II yes ~ 1, 0 0 0, 0 0 0 , SPECIAL PROVISIONS below E L DISEASE POLICY LIId1T $ OTHER T ` t~ ~ f~aJ f 1 ~*.i- a ' __j ~ v DESCRIPTION OF OPERATIONS! LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED 8Y ENDORSEMENT /SPECIAL PROVISIONS ! .- ,,,a~ta;u City Actcraay CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE THE ISSUING INSURER WILL ENDEAVOR TO MAIL _.3D EXPIRATION DATE THEREOF C 1 t y O £ S a Rt a And , YS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 6UT 3 0 5 E F O u r t h S t I e e t Ste 2 0 1 DA ON Ofl LIABILITY OF ANY KIND UPON FAILURE TO DO SO SHALL IMPOSE ND OBLIGATI C A 9 2 7 01 Santa And THE INSURER, ITS AGENTS OR REPRESENTATIVES. , AUTHORIZED REPRESENTATIVE ~~ p h i 0 D 7 8 3 3 6 ''~ y~ Attn: i Rock Garcia ACORD 25 (2001!08) ©ACORD COHRUHA nvly 17t`a ~~~~ ~4~rQRD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 04/25/2009 PRODUCER (509) 735-5335 FAX (909) 735-3758 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION DFI ~ Preferred Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2027 Hamner Avenue HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Norco, CA 92860-2604 INSURERS AFFORDING COVERAGE NAIC # INSURED PRESTIGE STRIPING SERVICES INC. INSURER A: AMERICAN STATE INSURANCE COMPANY 1054 RAILROAD STREET INSURER B: MERCURY CASUALTY INSURANCE COMPA Y CORONA, CA 92882 ~I " ~ G~)`-1 - ~ 2 Z INSURER c: CALIFORNIA INSURANCE COMPANY INSURER D: -~--- INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. VSR DD' TYpE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY O1 CG 768379-4 03/22/2008 03/22/2009 EACH OCCURRENCE $ 1,000,00 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 1, 000, OOI CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ 10 , OOI GEN'I_ AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS B SCHEDULED AUTOS X HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS/UMBRELLA LIABILITY OCCUR ~ CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY C ANY PROPRIETOR/PARTNk=R'EXECUTIVC Of-FICF ~1ME~dBER v;CL'UDE~'+ If yes, describe under SPECIAL PROVISIONS below OTHER PERSONAL & ADV INJURY $ 1 , 000 , OO GENERAL AGGREGATE $ 2 , OOO , OO' PRODUCTS -COMP/OP AGG $ 2 , OOO , OOI COMBINED SINGLE LIMIT $ (Ea accident) BODILY INJURY $ AC11071675 04/29/2008 04/29/2009 (Per person> BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ (Per accident) AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ 5 EACH OCCURRENCE $ ~ AGGREGATE $ >.c?G j $ $ 1.000 46-006122-03 07~ 06/01/2007 06/01/2008 E.L. EACH ACCIDENT $ 1 000 001 E L DISEASE - EA EMPLOYEE $ _1 , OOO , O_OI F L DISEASE -POLICY LIMIT $ 1 , OOO , OOI )ESCRIPTION OF OPERATIONS! LOCATIONS! VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS 0 DAYS NOTICE WILL BE SENT FOR NON PAYMENT OF PREMIUM. ERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED. COVERAGE IS PRIMARY & NON CONTRIBUTORY. OB: VARIOUS JOB LOCATIONS EVISING CERTIFICATE ISSUED 4/17/08 CITY OF SANTA ANA ATTN: ROCI( GARCIA 305 E. 4TH STREET, SUITE 201 SANTA ANA, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL )(lXl MAIL 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, X D(X~('aXdOQd(XIII~SY~(6Jf~(N~ILNrXXX r , l~,'J I F ~ ), 9 '+.......~ ~~ ~~w uvo~ ©ACORD CORPORATION 1988 ~, ~ '~`~~ ~ ~ ~~~~``°~~I'~~^s(~':~ COMMERCIAL GENERAL LIABILITY :~ O1 CG 768379-4 CG 76 35 02 07 PRESTIGE STRIPING SERVICES, INC. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF SANTA ANA ADDITIONAL INSURED - BY WRITTEN CONTRACT, AGREEMENT OR PERMIT, OR SCHEDULE The following paragraph is added to WHO IS AN INSUREb (Section II): 4. Any person or organization shown in the Sched- ule or for whom you are required by written con- tract, agreement or permit to provide insurance is an insured, subject to the following additional provisions: a. The contract, agreement or permit must be in effect during the policy period shown in the Declarations, and must have been exe- cuted prior to the "bodily injury", "property damage", or "personal and advertising injury". b. The person or organization added as an in- sured by this endorsement is an insured only to the extent you are held liable due to: (1) The ownership, maintenance or use of that part of premises you own, rent, lease or occupy, subject to the following additional provisions: (a) This insurance does not apply to any "occurrence" which takes place after you cease to be a tenant in any premises leased to or rented to you; (b) This insurance does not apply to any structural alterations, new con- struction or demolition operations performed by or on behalf of the person or organization added as an insured; (2) Your ongoing operations for that in- sured, whether the work is performed by you or for you; (3) The maintenance, operation or use by you of equipment leased to you by such person or organization, subject to the following additional provisions: (a) This insurance does not apply to any "occurrence" which takes place ,~~>>~ after the equipment lease expires; ~:-~ , -~ 7 ,~ Includes Copyrighted Material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services, 2001 Safeco and the Sateco logo are registered trademarks of Sateco Corporation CG 76 35 02 07 Page 1 of 4 EP (b) This insurance does not apply to "bodily injury" or "property dam- age" arising out of the sole negli- gence of such person or organization; (4) Permits issued by any state or political subdivision with respect to operations performed by you or on your behalf, subject to the following additional pro- vision: This insurance does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of operations performed for the state or municipality. c. The insurance with respect to any architect, engineer, or surveyor added as an insured by this endorsement does not apply to "bodily injury", "property damage", or "per- sonal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, includ- ing: (1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change or- ders, designs or specifications; and (2) Supervisory, inspection or engineering services. d. This insurance does not apply to "bodily injury" or "property damage" included within the "products-completed operations haz- ard". A person's or organization's status as an insured un- der this endorsement ends when your operations for that insured are completed. No coverage will be provided if, in the absence of this endorsement, no liability would be imposed by law on you. Coverage shall be limited to the extent of your negligence or fault according to the applicable princi- ples of comparative fault. NON-OWNED WATERCRAFT AND NON-OWNED AIRCRAFT LIABILITY Exclusion g. of COVERAGE A (Section I) is replaced by the following: g. "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes oper- ation and "loading or unloading". Pac This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, mainte- nance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any in- sured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 52 feet long; and {u) Not heirg used to carry persons or property for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, pro- vided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, mainte- nance or use of aircraft or watercraft; or (5) "Bodily injury" or "property damage" arising out of: (a) the operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor ve- hicle insurance law in the state where it is licensed or principally garaged; or (b) the operation of any of the machin- ery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment". (6) An aircraft you do not own provided it is not operated by any insured. TENANTS' PROPERTY DAMAGE LIABILITY When a Damage To Premises Rented To You Limit is shown in the Declarations, Exclusion j. of Coverage A, Section I is replaced by the following: j. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or ~., rjrz i r le2of~ ~ ! ~ --,. ' ~ ~ any other person, organization or entity, for . repair, replacement, enhancement, restora- • tion or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations, or (fi) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the con- tents of such premises, rented to you. A separate limit of insurance applies to Damage To Prem- ises Rented To You as described in Section I11 - Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs {3), (4), (5) and (fi) of this exclusion do not apply to liability assumed under a side- track agreement. Paragraph (fi) of this exclusion does not apply to "property damage" included in the "products- completed operations hazard". Paragraph 6. of LIl~AITS OF INSURANCE (Section III) is replaced by the following: 6. Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay un- der Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. The Damage To Premises Rented To You limit is the higher of the Each Occurrence Limit shown in the Declarations or the amount shown in the Declarations as Damage To Premises Rented To You Limit. WHO IS AN INSUREu -MANAGERS The following is added to Paragraph 2.a. of WHO IS AN INSURED (Section II): Paragraph (1) does not apply to executive officers, or to managers at the supervisory level or above. SUPPLEMENTARY PAYMENTS -COVERAGES A AND B - BAIL BONDS - TIME OFF FROM WORK Paragraph 1.b. of SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. Paragraph 1.d. of SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is replaced by the following: d. All reasonable expenses incurred by the in- sured at our request to assist us in the in- vestigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES Provision 2.a.(1)(d) of WHO IS AN INSURED (Section II) is deleted, unless excluded by separate endorse- ment. EXTENDED COVERAGE FOR NEWLY ACQUIRED ORGANIZATIONS Provision 3.a. of WHO IS AN INSURED (Section II) is replaced by the following: a. Coverage under this provision is afforded only until the end of the policy period. EXTENDED `°PROPERTY DAMAGE" Exclusion a. of COVERAGE A (Section I) is replaced by the following: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. ,l'~3~ l CG 76 35 02 07 Page 3 of 4 EP ~, ' EXTENDED DEFINITION OF BODILY INJURY Paragraph 3. of DEFINITIONS (Section V) is replaced by the following: 3. "Bodily injury" means bodily injury, sic;<ness or disease sustained by a person, including mental anguish or death resulting from any of these at ar~y time. TRANSFER OF RIGHTS OF RECOVERY The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of COM- MERCIAL GENERAL LIABILITY CONDITIONS (Sec- tion IV): We waive any rights of recovery we may have against any person or organization because of paymants ~rre make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to a person or organization for whom you are required by written contract, agreement or permit to waive these rights of recovery. AGGREGATE LIMITS OF INSURANCE - PER LOCATION For all sums which the insured becomes legally obli- gated io day as damages caused by "occurrences" under COVERAGE A (Section I), and for aii medical expenses caused by accidents under COVERAGE C (Section I}, which, can be attributed only to operations at a single "location": Paragraphs 2.a. and 2.b. of Limits of Insurance (Sec- tion Ili) apply separately to each of your "locations" owned by or rented to you. "Location" means premises involving the same or connecting !ots, or premises whose connection is interruptea only by a street, roadway, waterway, or right-of-way of a railroad. INCREASED MEDICAL EXPENSE LIMIT The Medical Expense Limit is amended to $10,000. KNOWLEDGE OF OCCURRENCE The following is added to Paragraph 2. Duties to The Event Of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): Knowledge of an "occurrence", claim or "suit" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice frorn the agent, servant or employee. UNINTENTIONAL FAILURE TO DISCLOSE ALL HAZARDS The following is added to Paragraph 6. Representa- tions of COMMERCIAL GENERAL LIABILITY CONDI- TIONS (Section IV): If you unintentionally fail to disclose any hazards ex- isting at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. LIBERALIZATION CLAUSE The following paragraph is added to COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): 10. If a revision to this Coverage Part, which would provide more coverage rr'itii nc additional pre- mium, becomes effective during the policy period in the state shown in the Declarations, your pol- icy will automatically provide this additional cov- erage on the effective date of the revision. Page 4 or 4 ACORD,M PRODUCER CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDD/YYVV) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND _ X00.7 _~ ~-~ CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS AU Insurance Services CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE P O H o x 3 6 4 6 AFFORDED BY THE POLICIES BELOW. Omaha, NE 68103-0646 (8 7 7) 2 3 4- 4 4 2 D INSURERS AFFORDING COVERAGE NAIC # INSURER A: California Insurance Co. 3 8 8 6 5 INSURED Prestige Striping ServiC aSr Inc. INSURER B: dba Prestige Striping Services INSURER C: 1054 Railroad St INSURER D~ Corona, CA 92882-1947 THE`POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR D' POLICY EFFECTIVE POLICY E%PIRATION LIMIT S LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MhVD DATE MMND/YY GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS MADE ^ OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ PRO- POLICY JECT LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accitlent) $ ANY AUTO ALL OWNED AUTOS BODILY INJURY S (Per person) $ SCHEDULED AUTO HIRED AUTOS BODILY INJURY $ (Per accident) NON-OWNED AUTOS PROPERTY DAMAGE $ (Per accident) AUTO ONLY - EA ACCIDENT $ GAR AGE LIABILITY ANY AUTO r THER THAN EA ACC $ .. ~ O " AUTO ONLY- pGG $ LDY c EACH OCCURRENCE $ E%CESS/UMBRELLA LIABI '- AGGREGATE $ OCCUR CLAIMS MADE $ TIBLE $ DEDUC RETENTION $ X WC STATU- OTH- $ WORKERS COMPENSATION AND TORY LIMITS ER A EMPLOYERS' LIABILITY 46-006122-03-10 O6/OS/OS 06/01/09 E.L. EACH ACCIDENT $ 1, OOOr 000 ANY PROPRIETOWPARTNERlEXECUTIVE OFFICERlMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1 r 0 0 0 r 0 0 0 If yes, describe under DISEASE -POLICY LIMIT E L 1, 0 0 0, 0 0 0 $ SPECIAL PROVISIONS below . . OTHER DESCRIPTION OF OPERATIONS /LOCATIONS 7 VEHICLES /EXCLUSIONS ADDED BV ENDORSEMENT! SPECIAL PROVISIONS Paveme at markiage VGII l rr1YI11 L I IV~v~,. - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 _ EXPIRATION DATE THEREOF City o f Santa Ana , DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT 3 0 5 E 4th S t Ste 2 0 1 FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION Ofl LIABILITY OF ANY KIND UPON Santa C A 9 2 7 0 1 Ana THE INSURER, ITS AGENTS OR REPRESENTATIVES. , AUTHORIZED REPRESENTATIVE ~ " .c_,c a~:~ .,.1~.~ 0 D 7 8 3 3 6 Attn: Rock Garcia ~oonO nTlnNl 1 aaa ACORD 25 (2001/08) ""~"""'"~'" -~"~~~-~~ ~--- ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMfDD/YYYY) 9 TM 05/01/200 PRODLV^.ER (909) 735-5335 FAX (909) 735-3758 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION DFI Preferred Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2027 Hamner Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Norco, CA 92860-2604 INSURERS AFFORDING COVERAGE NAIC # INSURED PRESTIGE STRIPING SERVICES INC. INSURER A: AMERICAN STATES INSURANCE COMPAN _ 1054 RAILROAD STREET INSURER B: MERCURY CASUALTY INSURANCE COMPA Y CORONA, CA 92882 INSURER C: CALIFORNIA INSURANCE COMPANY INSURER D: ~ INSl1RER E. Cfl\/FRA(~FS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT , MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DD' NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YYYY POLICY EXPIRATION DATE MM/DD/YYYY LIMITS GENERAL LIABILITY O1 CG 768379-5 03/22/2009 03/22/2010 EACH OCCURRENCE i s 1,000,00 I I RAl LIABILITY X _ MME C O ---, I E t _ LAMA N E~ PREMISES (Ea occurrence) ~_ _ 1 r 000 s 00 ~ r I I. X ~ pGCl1R ! AIM MADE S MED EXP (Any one person) $ 10 , 00 A X ~ PER PROJECT ~I PeRSCr.,r~ a ADV .r.JURY ~ $ ___l. , 000 , 00 GENERAL AGGREGATE ~ _ 2 , 000 , OO --- GEN'LAGGREGATE LIMIT APPLIES PER: _ - -- PRODUCTS -COMP/OP AGG $ _ 2 000 , 00 POLICY PRO LOC JECT AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) 1, 000 , 00 ----- - ALL OWNED AUTOS I BODILY INJl1RY ~ T s sCHEDULEDAUTOS j AC11071675 04/29/2009 04/29/2010 (Per person) ---' ---- ------______ B - X HIRED AUTOS BODILY INJl1RY s NON-OWNED AUTOS (Per accident) __ -- -~ I ~~~ l~v PROPERTY DAMAGE $ A ~ 1"~ (Per accident) GARAGE LIABILITY `>P / f AUTO ONl Y - EA ACCIDF.N E ~n ANY Al1TO ~ + ~ .,,~I,i ~ OTHER THAN FA A(,C $ _._ _ __ __ I _. I - r V L' be . dy ~ AlITO ONLY. AC ( $ EXCESS /UMBRELLA LIABILITY .. -~ ~ " i I ! `~' `.t ~ ~, ~r At" nT EACH OCCURRENCE $ OCCUR ~ CLAIMS MADE ~ ~ AGGREGATE $ _ __ I __ $ - -------- - DEDUCTIBLE ~ $ RETENTION $ $ N S O EN X ~IORYLIMIiS _;~._ER { ABILI AND EMP ERS OY Y I' XI ~" IVF 2 06/01/2008 46-006122-03 07 ~ 06/01/2009 f ACH ACCIDENT I E ~ s 1 000 QQ C .. D F XCI l1D ~~ ~ [ , . _ __ __ _ , , _ . r NH~ (Mandat ory m i ~ L.L. DISFASC- - k A E MPL.OYk E ~~ I $ _ I , OUO , OO If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMfi ~ $ 1 , 000 , 00 OTHER O1 CH 600228-2 07/27/2008 07/27/2009 OFFICE CONTENTS-$120,000 A OMMERCIAL PROPERTY PERSONAL PROPERTY-$106,000 DEDUCTIBLE - $500. DESCRIPTION OF OPERATIONS / LOCATIONS f VEHICLES !EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS 0 DAYS NOTICE WILL BE SENT FOR NON PAYMENT OF PREMIUM. ERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED. COVERAGE IS PRIMARY & NON CONTRIBUTORY. OB: VARIOUS JOB LOCATIONS EVISING CERTIFICATE ISSUED 4/7/09 r~oririrnTr unr n~o CANCFI I ATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ~J61LD(ilb1~JtX MAIL 30 DAYS WRIT~iEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 1'I(~LY~E~6X3(~'s~6)~X1XIX CITY OF SANTA ANA X3(dlr,Xd4~4Xd~frXcX~fXeYJ41(eYd4~t6)'QXJ~d4K~~fkY~~Xrl6~~E~1(X ATTN: ROCK GARCIA SUITE 201 4TH STREET 305 E 1(K~KI >'1XXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX , . SANTA ANA, CA 92701 AUTHO E R~FPRESENT/A IV 4 ~L~ ~ `...~,.. ACORD 25 (2009/01) V l`J2f2S-LVUy HI.VKU I.VRI'VRH~ IVIY. wi rrynw rcacrvcu. The ACORD name and logo are registered marks of ACORD UL l:li / b25.S / yU.7 YtCL' S'1'lliY; 5'1'K1YINCT, 1N1:. f~ COMMERCIAL GENERAL LIABILITY CG 76 35 02 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF SANTA ANA 305 E. 4TH STREET ~~201 SANTA ANA, CA 92701 ADDITIONAL INSURED - BY WRITTEN CONTRACT, AGREEMENT OR PERMIT, OR SCHEDULE The following paragraph is added to WHO IS AN INSURED (Section II): 4. Any person or organization shown in the Sched- ule or for whom you are required by written con- tract, agreement or permit to provide insurance is an insured, subject to the following additional provisions: a. The contract, agreement or permit must be in effect during the policy period shown in the Declarations, and must have been exe- cuted prior to the "bodily injury", "property damage", or "personal and advertising injury". b. The person or organization added as an in- sured by this endorsement is an insured only to the extent you are held liable due to: (1) The ownership, maintenance or use of that part of premises you own, rent, lease or occupy, subject to the following additional provisions: (a) This insurance does not apply to any "occurrence" which takes place after you cease to be a tenant in any premises leased to or rented to you; (b) This insurance does not apply to any structural alterations, new con- struction or demolition operations performed by or on behalf of the person or organization added as an insured; (2) Your ongoing operations for that in- sured, whether the work is performed by you or for you; (3) The maintenance, operation or use by you of equipment leased to you by such person or organization, subject to the following additional provisions: (a) This insurance does not apply to any "occurrence" which takes place after the equipment lease expires; Includes Copyrighted Material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services, 2001 Safeco and the Safeco logo are registered trademarks of Saleco Corporation CG 76 35 02 07 Page 1 of 4 EP (b) This insurance does not apply to "bodily injury" or "property dam- age" arising out of the sole negli- gence of such person or organization; (4) Permits issued by any state or political subdivision with respect to operations performed by you or on your behalf, subject to the following additional pro- vision: This insurance does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of operations performed for the state or municipality. c. The insurance with respect to any architect, engineer, or surveyor added as an insured by this endorsement does not apply to "bodily injury", "property damage", or "per- sonal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, includ- ing: (1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change or- ders, designs or specifications; and (2) Supervisory, inspection or engineering services. d. This insurance does not apply to "bodily injury" or "property damage" included within the "products-completed operations haz- ard". A person's or organization's status as an insured un- der this endorsement ends when your operations for that i. ~sured are completed. No coverage will be provided if, in the absence of this endorsement, no liability would be imposed by law on you. Coverage shall be limited to the extent of your negligence or fault according to the applicable princi- ples of comparative fault. NON-OWNED WATERCRAFT AND NON-OWNED AIRCRAFT LIABILITY Exclusion g. of COVERAGE A (Section I) is replaced by the following: This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, mainte- nance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any in- sured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, pro- vided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, mainte- nance or use of aircraft or watercraft; or (5) "Bodily injury" or "property damage" arising out of: (a) the operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor ve- hicle insurance law in the state where it is licensed or principally garaged; or (b) the operation of any of the machin- ery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment". (6) An aircraft you do not own provided it is not operated by any insured. TENANTS' PROPERTY DAMAGE LIABILITY When a Damage To Premises Rented To You Limit is shown in the Declarations, Exclusion j. of Coverage A, Section I is replaced by the following: g. "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or 1• Damage To Property entrustment to others of any aircraft, "auto" "Property damage" to: or watercraft owned or operated by or rented or loaned to any insured. Use includes oper- (1) Property you own, rent, or occupy, including ation and "loading or unloading". any costs or expenses incurred by you, or Page 2 of 4 any other person, organization or entity, for repair, replacement, enhancement, restora- tion or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations, or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1 ), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the con- tents of such premises, rented to you. A separate limit of insurance applies to Damage To Prem- ises Rented To You as described in Section III - Limits Of Insurance. WHO IS AN INSURED -MANAGERS The following is added to Paragraph 2.a. of WHO IS AN INSURED (Section II): Paragraph (1) does not apply to executive officers, or to managers at the supervisory level or above. SUPPLEMENTARY PAYMENTS -COVERAGES A AND B - BAIL BONDS - TIME OFF FROM WORK Paragraph 1.b. of SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. Paragraph 1.d. of SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is replaced by the following: d. All reasonable expenses incurred by the in- sured at our request to assist us in the in- vestigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. Paragraph (2) of this exclusion does not apply if EMPLOYEES AS INSUREDS - HEALTH CARE the premises are "your work" and were never SERVICES occupied, rented or held for rental by you. Provision 2.a.(1)(d) of WHO IS AN INSURED (Section Paragraphs (3), (4), (5) and (6) of this exclusion II) is deleted, unless excluded by separate endorse- do not apply to liability assumed under aside- ment. track agreement. Paragraph (6) of this exclusion does not apply to EXTENDED COVERAGE FOR NEWLY ACQUIRED "property damage" included in the "products- ORGANIZATIONS completed operations hazard". Paragraph 6. of LIMITS OF INSURANCE (Section III) is replaced by the following: 6. Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay un- der Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. The Damage To Premises Rented To You limit is the higher of the Each Occurrence Limit shown in the Declarations or the amount shown in the Declarations as Damage To Premises Rented To You Limit. Provision 3.a. of WHO IS AN INSURED (Section II) is replaced by the following: a. Coverage under this provision is afforded only until the end of the policy period. , EXTENDED "PROPERTY DAMAGE" Exclusion a. of COVERAGE A (Section I) is replaced by the following: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. CG 76 35 02 07 Page 3 of 4 EP EXTENDED DEFINITION OF BODILY INJURY Paragraph 3. of DEFINITIONS (Section V) is replaced by the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. TRANSFER OF RIGHTS OF RECOVERY The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of COM- MERCIAL GENERAL LIABILITY CONDITIONS (Sec- tion IV): We waive any rights of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to a person or organization for whom you are required by written contract, agreement or permit to waive these rights of recovery. AGGREGATE LIMITS OF INSURANCE - PER LOCATION For all sums which the insured becomes legally obli- gated to pay as damages caused by "occurrences" under COVERAGE A (Section I), and for all medical expenses caused by accidents under COVERAGE C (Section I), which can be attributed only to operations at a single "location": Paragraphs 2.a. and 2.b. of Limits of Insurance (Sec- tion III) apply separately to each of your "locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway, or right-of-way of a railroad. INCREASED MEDICAL EXPENSE LIMIT The Medical Expense Limit is amended to $10,000. KNOWLEDGE OF OCCURRENCE The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): Knowledge of an "occurrence ", claim or "suit" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. UNINTENTIONAL FAILURE TO DISCLOSE ALL HAZARDS The following is added to Paragraph 6. Representa- tions of COMMERCIAL GENERAL LIABILITY CONDI- TIONS (Section IV): If you unintentionally fail to disclose any hazards ex- isting at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. LIBERALIZATION CLAUSE The following paragraph is added to COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): 10. If a revision to this Coverage Part, which would provide more coverage with no additional pre- mium, becomes effective during the policy period in the state shown in the Declarations, your pol- icy will automatically provide this additional cov- erage on the effective date of the revision. Page 4 of 4 rilr~,Jttl~t, J1fClt'11V1, J~KVll.1JJ, ilVl... O1 .~ 768379-5 ~I CG 76 80 10 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF SANTA ANA 305 E. 4th STREET 4201 SANTA ANA, CA 92701 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) SECTION II -WHO IS AN INSURED is amended to include as an additional insured the person or organization shown in the Schedule subject to the following provisions: 1. The additional insured is an insured but only for liability directly resulting from: a. your ongoing operations for the additional in- sured whether the work is performed by you or for you; or b. the general supervision of your ongoing op- erations by the additional insured. 2. This insurance does not apply to: a. "Bodily injury" or "property damage" arising out of any act or omission of, or for defects in design furnished by or for, the additional insured or b. "Bodily injury" or "property damage" in- cluded within the "products-completed oper- ations hazard." A person's or organization's status as an additional insured under this endorsement ends when your op- erations for that insured are completed. No coverage will be provided if, in the absence of this endorsement, no liability would be imposed by law on CG 76 80 10 02 you. Coverage shall be limited to the extent of your negligence or fault according to the applicable princi- ples of comparative fault. The insurance provided will not exceed the lesser of: a. The coverage and/or limits of this policy, or b. The coverage and/or limits required by the contract, agreement or permit. With respect to the insurance afforded the additional insured, paragraph 4. of SECTION IV - COMMER- CIAL GENERAL LIABILITY CONDITIONS is de- leted and replaced by the following: 4. Other Insurance a. This insurance is primary and noncontrib- utory, and our obligations are not affected by any other insurance where the additional in- sured is the Named Insured, whether pri- mary, excess, contingent, or on any other basis; however, the defense of any claim or "suit" must be tendered as soon as practi- cable to all other insurers which potentially provide insurance for such claim or "suit". b. This additional provision applies only to the additional insured shown in the Schedule and the coverage provided by this endorse- ment. EP